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10/25/01 SP City Council MinutesA SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 5:00 P.M. THURSDAY, OCTOBER 25, 2001, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT DUANE LARSON PRESIDED. COUNCIL MEMBERS DON COUNSELL, RANDY KENYON, FRED LEISTIKO, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND ACTING CITY ATTORNEY CHARLES HARBALL WERE PRESENT. MAYOR WILLIAM E. BOHARSKI AND COUNCIL MEMBERS JIM ATKINSON AND DALE HAARR WERE ABSENT. President Larson called the meeting to order. AGENDA APPROVAL Van Natta moved approval of the agenda. The motion was seconded by Counsell. There was no discussion. The motion carried unanimously upon vote. WARD 4 COUNCIL APPOINTMENT ward 4 Council member Doug Scarff resigned from the Council on October 1st because he moved out of the City. Two people are running for the seat in the November 6th election, Jayson Peters and write-in candidate Patrick Farris, but according to State law, the Council must appoint a person to fill the vacancy within 30 days. Leistiko said the law states the Council will appoint a "person", within 30 days, which in his opinion means that the Council can't appoint the winner of the election because it's after the 30 day time limit. He said the Council needs to either appoint someone now or leave the seat vacant until January. Van Natta moved that the Council refrain from filling the seat at this time and leave it vacant until January. The motion was seconded by Kenyon. There was discussion. Counsell said he feels that if the Council chooses one of the candidates at this time, it could possibly give that person an advantage in the election and he thinks the Council shouldn't be taking any action at this time. Kenyon agreed, stating it seems unfair and unreasonable to choose one of the candidates. He said the only downside that he can see to leaving the seat vacant is the possibility of tie votes, and he thinks the Council "can live with that." Kalispell City Council Minutes Special Meeting - October 25, 2001 Page 1 of 3 51 Leistiko asked if anyone is concerned that Ward 4 would only have one vote on the Council during that period of time. Larson said having only one person represent the ward during this GO day period is really no different than having someone absent due to sickness, etc. He said in order for the Council to be fair, he feels it's a minor issue. The motion carried unanimously upon roll call vote. SENATE BILL 242 JOINT LAWSUIT Senate Bill 242 requires an election to continue the City's extraterritorial jurisdiction in enforcing building codes. Kalispell has been asked to join six other cities in the State to file a lawsuit challenging the bill. Van Natta moved that Kalispell enter into the lawsuit with the six other cities challenging Senate Bill 242. The motion was seconded by Kenyon. There was discussion. Harball said the suit should be filed by next week by a Helena law firm. He said the legal fees are estimated to be about $20,000 which will be divided among the cities on a population - based scale, meaning Billings, Missoula and Bozeman will bear about eighty percent of the costs. Leistiko commented he feels it's important to join in the lawsuit to try and protect the citizenry and the future expansion of the City. The motion carried unanimously upon vote. CITY MANAGER TRAVEL APPROVAL As was discussed at the regular meeting October 15th, Kukulski is asking Council for formal approval of his travel expenses to a GOSCMA conference earlier this year. Leistiko moved the Council formally ratify the City Manager's travel expenses for the GOSCMA conference in Green River, Wyoming. The motion was seconded by Counsell. There was no discussion. The motion carried unanimously upon vote. Kalispell City Council Minutes Special Meeting - October 25, 2001 Page 2 of 3 5 2' ADJOURN The meeting was adjourned at 5:35 p.m. B rsk±l M. Duane Larson ATTEST: v Theresa White City Clerk Approved November 5, 2001 Mayor Council President 1 1 Kalispell City Council Minutes Special Meeting - October 25, 2001 Page 3 of 3